This document includes House Floor Amendments incorporated into the bill on Thu, Feb 11, 2021 at 12:19 PM by lfindlay.
Representative Melissa G. Ballard proposes the following substitute bill:




Chief Sponsor: Melissa G. Ballard

Senate Sponsor: Todd D. Weiler


8     General Description:
9          This bill makes changes pertaining to the Utah Marriage Commission.
10     Highlighted Provisions:
11          This bill:
12          ▸     defines terms;
13          ▸     moves oversight responsibility of the Utah Marriage Commission from the
14     Department of Human Services to Utah State University;
15          ▸     changes the membership of the Utah Marriage Commission;
16          ▸     modifies provisions relating to appointment, reappointment, and removal of
17     commission members;
18          ▸     repeals the sunset date for the marriage license fee, replacing it with a reporting
19     requirement; and
20          ▸     repeals sunset date provisions related to pre-marriage counseling and education.
21     Money Appropriated in this Bill:
22          None
23     Other Special Clauses:
24          None
25     Utah Code Sections Affected:

26     AMENDS:
27          17-16-21, as last amended by Laws of Utah 2018, Chapter 347
28          30-1-34, as last amended by Laws of Utah 2018, Chapter 347
29          63I-1-217, as last amended by Laws of Utah 2020, Sixth Special Session, Chapter 18
30          63I-1-230, as last amended by Laws of Utah 2020, Chapter 354
31          63I-1-262, as last amended by Laws of Utah 2020, Chapters 154, 303, 304, and 358
32     ENACTS:
33          63M-14-101, Utah Code Annotated 1953
34          63M-14-102, Utah Code Annotated 1953
35          63M-14-201, Utah Code Annotated 1953
36          63M-14-202, Utah Code Annotated 1953
37          63M-14-203, Utah Code Annotated 1953
38          63M-14-204, Utah Code Annotated 1953
39          63M-14-205, Utah Code Annotated 1953
40          63M-14-206, Utah Code Annotated 1953
41     REPEALS:
42          62A-1-120, as last amended by Laws of Utah 2018, Chapter 347

44     Be it enacted by the Legislature of the state of Utah:
45          Section 1. Section 17-16-21 is amended to read:
46          17-16-21. Fees of county officers.
47          (1) As used in this section, "county officer" means a county officer enumerated in
48     Section 17-53-101 except a county recorder, a county constable, or a county sheriff.
49          (2) (a) A county officer shall collect, in advance, for exclusive county use and benefit:
50          (i) a fee established by the county legislative body under Section 17-53-211; and
51          (ii) any other fee authorized or required by law.
52          (b) As long as the Children's Legal Defense Account is authorized by Section
53     51-9-408, the county clerk shall:
54          (i) assess $10 in addition to whatever fee for a marriage license is established under
55     authority of this section; and
56          (ii) transmit $10 from each marriage license fee to the Division of Finance for deposit

57     in the Children's Legal Defense Account.
58          (c) (i) As long as the Division of Child and Family Services, created in Section
59     62A-4a-103, has the responsibility under Section 62A-4a-105 to provide services, including
60     temporary shelter, for victims of domestic violence, the county clerk shall:
61          (A) collect $10 in addition to whatever fee for a marriage license is established under
62     authority of this section and in addition to the amount described in Subsection (2)(b), if an
63     applicant chooses, as provided in Subsection (2)(c)(ii), to pay the additional $10; and
64          (B) to the extent actually paid, transmit $10 from each marriage license fee to the
65     Division of Finance for distribution to the Division of Child and Family Services for the
66     operation of shelters for victims of domestic violence.
67          (ii) (A) The county clerk shall provide a method for an applicant for a marriage license
68     to choose to pay the additional $10 referred to in Subsection (2)(c)(i).
69          (B) An applicant for a marriage license may choose not to pay the additional $10
70     referred to in Subsection (2)(c)(i) without affecting the applicant's ability to be issued a
71     marriage license.
72          (d) If a county operates an online marriage application system, the county clerk of that
73     county:
74          (i) may assess $20 in addition to the other fees for a marriage license established under
75     this section;
76          (ii) except as provided in Subsection (2)(d)(iii), shall transmit $20 from the marriage
77     license fee to the state treasurer for deposit annually as follows:
78          (A) the first $400,000 shall accrue to the Utah Marriage Commission, created in
79     [Section 62A-1-120] Title 63M, Chapter 14, Utah Marriage Commission, as dedicated credits
80     for the operation of the Utah Marriage Commission; and
81          (B) proceeds in excess of $400,000 shall be deposited into the General Fund; and
82          (iii) may not transmit $20 from the marriage license fee to the state treasurer under this
83     Subsection (2)(d) if both individuals seeking the marriage license certify that they have
84     completed premarital counseling or education in accordance with Section 30-1-34.
85          (3) This section does not apply to a fee currently being assessed by the state but
86     collected by a county officer.
87          Section 2. Section 30-1-34 is amended to read:

88          30-1-34. Completion of counseling or education.
89          (1) The county clerk of a county that operates an online marriage application system
90     and issues a marriage license to applicants who certify completion of premarital counseling or
91     education in accordance with Subsection (2) shall reduce the marriage license fee by $20.
92          (2) (a) To qualify for the reduced fee under Subsection (1), the applicants shall certify
93     completion of premarital counseling or education in accordance with this Subsection (2).
94          (b) To complete premarital counseling or education, the applicants:
95          (i) shall obtain the premarital counseling or education from:
96          (A) a licensed or ordained minister or the minister's designee who is trained by the
97     minister or denomination to conduct premarital counseling or education;
98          (B) an individual licensed under Title 58, Chapter 60, Mental Health Professional
99     Practice Act;
100          (C) an individual certified by a national organization recognized by the Utah Marriage
101     Commission, created in [Section 62A-1-120] Title 63M, Chapter 14, Utah Marriage
102     Commission, as a family life educator;
103          (D) a family and consumer sciences educator;
104          (E) an individual who is an instructor approved by a premarital education curriculum
105     that meets the requirements of Subsection (2)(b)(ii); or
106          (F) an online course approved by the Utah Marriage Commission;
107          (ii) shall receive premarital counseling or education that includes information on
108     important factors associated with strong and healthy marriages, including:
109          (A) commitment in marriage; and
110          (B) effective communication and problem-solving skills, including avoiding violence
111     and abuse in the relationship;
112          (iii) shall complete at least three hours of premarital counseling or six hours of
113     premarital education meeting the requirements of this Subsection (2); and
114          (iv) shall complete the premarital counseling or education meeting the requirements of
115     this Subsection (2) not more than one year before but at least 14 days before the day on which
116     the marriage license is issued.
117          (c) Although applicants are encouraged to take the premarital counseling or education
118     together, each applicant may comply with the requirements of this Subsection (2) separately.

119          (3) A provider of premarital counseling or education under this section is encouraged
120     to use research-based relationship inventories.
121          Section 3. Section 63I-1-217 is amended to read:
122          63I-1-217. Repeal dates, Title 17.
123          [(1) Subsection 17-16-21(2)(d) is repealed July 1, 2023.]
124          [(2)] Title 17, Chapter 21a, Part 3, Administration and Standards, which creates the
125     Utah Electronic Recording Commission, is repealed July 1, 2022.
126          Section 4. Section 63I-1-230 is amended to read:
127          63I-1-230. Repeal dates, Title 30.
128          [Sections 30-1-34 and 30-1-36 are repealed July 1, 2023.]
129          Section 5. Section 63I-1-262 is amended to read:
130          63I-1-262. Repeal dates, Title 62A.
131          [(1) Subsections 62A-1-120(8)(g), (h), and (i) relating to completion of premarital
132     counseling or education under Section 30-1-34 are repealed July 1, 2023.]
133          [(2)] (1) Section 62A-3-209 is repealed July 1, 2023.
134          [(3)] (2) Section 62A-4a-202.9 is repealed December 31, 2021.
135          [(4)] (3) Section 62A-4a-213 is repealed July 1, 2024.
136          [(5)] (4) Sections 62A-5a-101, 62A-5a-102, 62A-5a-103, and 62A-5a-104, which
137     create the Coordinating Council for Persons with Disabilities, are repealed July 1, 2022.
138          [(6)] (5) Section 62A-15-114 is repealed December 31, 2021.
139          [(7)] (6) Subsections 62A-15-116(1) and (4), the language that states "In consultation
140     with the Behavioral Health Crisis Response Commission, established in Section 63C-18-202,"
141     is repealed January 1, 2023.
142          [(8)] (7) Section 62A-15-118 is repealed December 31, 2023.
143          [(9)] (8) Subsections 62A-15-605(3)(h) and (4) relating to the study of long-term needs
144     for adult beds in the state hospital are repealed July 1, 2022.
145          [(10)] (9) Section 62A-15-605, which creates the Forensic Mental Health Coordinating
146     Council, is repealed July 1, 2023.
147          [(11)] (10) Subsections 62A-15-1100(1) and 62A-15-1101(9), in relation to the Utah
148     Substance Use and Mental Health Advisory Council, are repealed January 1, 2023.
149          [(12)] (11) In relation to the Behavioral Health Crisis Response Commission, on July

150     1, 2023:
151          (a) Subsections 62A-15-1301(2) and 62A-15-1401(1) are repealed;
152          (b) Subsection 62A-15-1302(1)(b), the language that states "and in consultation with
153     the commission" is repealed;
154          (c) Section 62A-15-1303, the language that states "In consultation with the
155     commission," is repealed;
156          (d) Subsection 62A-15-1402(2)(a), the language that states "With recommendations
157     from the commission," is repealed; and
158          (e) Subsection 62A-15-1702(6) is repealed.
159          Section 6. Section 63M-14-101 is enacted to read:

Part 1. General Provisions

162          63M-14-101. Title.
163          This chapter is known as the "Utah Marriage Commission."
164          Section 7. Section 63M-14-102 is enacted to read:
165          63M-14-102. Definitions.
166          As used in this chapter:
167          (1) "Commission" means the Utah Marriage Commission created by this chapter.
168          (2) "Commission leadership" means the commission's elected chair, elected vice chair,
169     and coordinator.
170          (3) "Coordinator" means an employee from Utah State University described in Section
171     63M-14-206.
172          Section 8. Section 63M-14-201 is enacted to read:
Part 2. Commission

174          63M-14-201. Composition--Appointments--Terms--Removal.
175          (1) There is created within the governor's office the "Utah Marriage Commission."
176          (2) The commission comprises at least 10 members but no more than 30 members,
177     appointed as follows:
178          (a) the president of the Senate shall appoint two members of the Senate;
179          (b) the speaker of the House of Representatives shall appoint two members of the
180     House of Representatives;

181          (c) the governor, or commission leadership under Section 63M-14-202, shall appoint
182     up to 28 members that:
183          (i) may come from the following groups:
184          (A) non-profit organizations or governmental agencies;
185          (B) social workers who are, or have been, licensed under Title 58, Chapter 60, Part 2,
186     Social Worker Licensing Act;
187          (C) psychologists who are, or have been, licensed under Title 58, Chapter 61,
188     Psychologist Licensing Act;
189          (D) physicians who are, or have been, board certified in psychiatry and are, or have
190     been, licensed under Title 58, Chapter 67, Utah Medical Practice Act or Title 58, Chapter 68,
191     Utah Osteopathic Medical Practice Act;
192          (E) marriage and family therapists who are, or have been, licensed under Title 58,
193     Chapter 60, Part 3, Marriage and Family Therapist Licensing Act;
194          (F) representatives of faith communities;
195          (G) public health professionals;
196          (H) representatives of domestic violence prevention organizations;
197          (I) academics from marriage and family studies departments, social or behavioral
198     sciences departments, health sciences departments, colleges of law, or other related and
199     supporting departments at institutions of higher education in this state;
200          (J) the general public;
201          (K) individuals with marketing or public relations experience; and
202          (L) legal professionals; or
203          (ii) have skills or expertise the commission requires to fulfill the commission's duties
204     described in Section 63M-14-204.
205          (3) (a) An individual appointed under Subsection (2)(c) shall serve for a term of four
206     years.
207          (b) If approved by the commission, an individual may be appointed for subsequent
208     terms.
209          (c) When a vacancy occurs in the membership for any reason, the replacement shall be
210     appointed by the applicable appointing authority for the remainder of the unexpired term of the
211     original appointment.

212          (d) Upon majority vote within commission leadership, commission leadership may
213     remove a member of the commission if the member is unable to serve.
214          (e) Commission leadership may appoint as many non-voting members as necessary if
215     the individuals appointed have skills or expertise related to the commission's duties, described
216     in Section 63M-14-204.
217          Section 9. Section 63M-14-202 is enacted to read:
218          63M-14-202. Appointee replacement.
219          If a member appointed under Subsection 63M-14-201(2)(c) resigns from the
220     commission, is removed from the commission under Subsection 63M-14-201(2)(d), or the
221     member's term expires, the governor or commission leadership shall appoint a replacement
222     member within 90 days after the day on which the governor receives notice of the member's
223     resignation, removal, or term expiration.
224          Section 10. Section 63M-14-203 is enacted to read:
225          63M-14-203. Commission meetings.
226          (1) The commission shall annually elect a chair and vice chair from the commission's
227     membership.
228          (2) The commission shall hold meetings as needed to fulfill the commission's duties.
229          (3) A meeting may be held on the call of the chair or a majority of the commission
230     members.
231          (4) A majority of the voting members of the commission constitute a quorum and, if a
232     quorum exists, the action of a majority of commission members present constitutes the action
233     of the commission.
234          Section 11. Section 63M-14-204 is enacted to read:
235          63M-14-204. Commission duties.
236          The commission shall:
237          (1) promote coalitions and collaborative efforts to uphold and encourage a strong and
238     healthy culture of strong and lasting marriages and stable families;
239          (2) contribute to greater awareness of the importance of marriage in an effort to reduce
240     divorce and unwed parenthood in the state;
241          (3) promote public policies that support marriage;
242          (4) promote programs and activities that educate individuals and couples on how to

243     achieve strong, successful, and lasting marriages, including promoting and assisting in the
244     offering of:
245          (a) events;
246          (b) classes and services, including those designed to promote strong, healthy, and
247     lasting marriages and prevent domestic violence;
248          (c) marriage and relationship education conferences for the public and professionals;
249     and
250          (d) enrichment seminars;
251          (5) actively promote measures designed to maintain and strengthen marriage, family,
252     and the relationships between spouses and parents and children;
253          (6) support volunteerism and private financial contributions and grants in partnership
254     with the commission and in support of the commission's purposes and activities for the benefit
255     of the state as provided in this section;
256          (7) regularly publicize information on premarital counseling and education services
257     available in the state that comply with Section 30-1-34;
258          (8) approve an online course meeting the requirements of Section 30-1-34; and
259          (9) for purposes of Section 30-1-34, recognize one or more national organizations that
260     certify family life educators.
261          Section 12. Section 63M-14-205 is enacted to read:
262          63M-14-205. Member pay -- Reimbursement.
263          (1) A commission member who is not a legislator may not receive compensation or
264     benefits for the commission member's service, but may receive per diem and travel expenses as
265     allowed in:
266          (a) Section 63A-3-106;
267          (b) Section 63A-3-107; and
268          (c) rules made by the Division of Finance in accordance with Sections 63A-3-106 and
269     63A-3-107.
270          (2) Compensation and expenses of a commission member who is a legislator are
271     governed by Section 36-2-2 and Legislative Joint Rules, Title 5, Legislative Compensation and
272     Expenses.
273          Section 13. Section 63M-14-206 is enacted to read:

274          63M-14-206. Oversight -- Staff support -- Funding.
275          (1) Utah State University shall:
276          (a) working in consultation with the commission, hire a coordinator to manage the
277     day-to-day operations of the commission;
278          (b) pay the salary of the coordinator and review the coordinator's performance;
279          (c) provide other staff support for the commission; and
280          (d) provide office space, furnishings, and supplies to the commission, the coordinator,
281     and support staff.
282          (2) Funding for the commission shall be dedicated credits from the $20 marriage
283     license fee described in Section 17-16-21 and added funding sought by the commission from
284     private contributions and grants that support the duties of the commission described in Section
285     63M-14-204.
286          (3) Before November 1, 2024, and before November 1 of each third year after 2024,
287     the commission shall provide a written report to the Health and Human Services Interim
288     Committee regarding the commission's:
289          (a) initiatives Ĥ→ and whether the initiatives could be accomplished by a private
289a     organization ←Ĥ ; and
290          (b) funding sources, including the effectiveness and necessity of the marriage license
291     fee, described in Section 17-16-21, in providing commission funding.
292          Section 14. Repealer.
293          This bill repeals:
294          Section 62A-1-120, Utah Marriage Commission.